問1
頻出度★★☆
A社がB社に作業の一部を請負契約で委託している。作業形態a～cのうち，いわゆる偽装請負とみなされる状態だけを全て挙げたものはどれか。 a B社の従業員が，A社内において，A社の責任者の指揮命令の下で，請負契約で取り決めた作業を行っている。 b B社の従業員が，A社内において，B社の責任者の指揮命令の下で，請負契約で取り決めた作業を行っている。 c B社の従業員が，B社内において，A社の責任者の指揮命令の下で，請負契約で取り決めた作業を行っている。
令和7年度 ITパスポート試験 問1
ストラテジ系法務 › 労働関連・取引関連法規
This question's explanation and your answers so far.
解説
問 1
Incorrectア
It lists only a, which is insufficient. Case a is under Company A's direction and orders, so it is indeed disguised contracting; but case c merely has the work performed on Company B's premises and is likewise under the direction and orders of Company A's manager, so it too is disguised contracting. Because it omits c, this option is wrong.
Incorrectイ
It lists a and b, but b is wrong. In case b, Company B's manager directs Company B's own employees, which is the proper, normal form of a contract for work and is not disguised contracting. This option also fails to include c, which is disguised contracting, so it is wrong on that count as well.
- ウ
正解 So-called disguised contracting refers to a situation where the contract is formally a contract for work, but in reality the client (the ordering party) directly directs and gives orders to the contractor's employees. This is because, under a contract for work, the contractor (Company B) should direct its own employees; if Company A directs them directly, it should instead be worker dispatch (a dispatch contract). The key to the judgment is “who gives the direction and orders,” and which company's premises the work is performed on does not matter. Case a is under the direction and orders of Company A's manager, so it is disguised contracting; case c, although the work is performed on Company B's premises, is also under the direction and orders of Company A's manager, so it too counts as disguised contracting. Therefore the cases of disguised contracting are a and c, and the correct answer is “ウ（a，c）”.
Incorrectエ
It lists b and c, but b is wrong. Case b is a normal contract for work in which Company B directs its own employees, not disguised contracting. On the other hand, this option omits a, which is disguised contracting, so it is wrong as well.
ここがポイント
- The criterion for judging disguised contracting is “who directs and gives orders to the workers.” Under a contract for work, the contractor should direct its own employees; if the client (the ordering party) directs them directly, it is in fact worker dispatch, that is, disguised contracting.
- Judging disguised contracting has nothing to do with the work location (whether on the client's premises or the contractor's premises). Even on the contractor's premises, if the client gives the direction and orders, it constitutes disguised contracting.
用語